Criminal Record Expungement

Criminal records can have a lasting impact on various aspects of your life, from employment opportunities to housing and even educational pursuits. 

In California, the law provides an opportunity for individuals who have been convicted of certain criminal offenses to clear their records through a process known as expungement. 

If you have a criminal case on your record, you may be eligible to have it dismissed, allowing you to move forward with a clean slate.

What is Criminal Record Expungement?

Criminal record expungement refers to the legal process of having your conviction removed or "erased" from your record. In California, an expungement does not mean the conviction is entirely wiped from existence, but rather that it is dismissed, and you are legally able to say that you were not convicted of the offense. This can have significant benefits for your personal and professional life. 

How Expungement Works in California 

Under California Penal Code Section 1203.4, you may be eligible to expunge certain criminal convictions from your record once you have completed your sentence, including probation or parole. However, not all convictions are eligible for expungement. Generally, expungement is available for misdemeanor and felony convictions, but certain serious offenses, like violent crimes or sex offenses, may not qualify for expungement.

For misdemeanors, you can generally apply for expungement if: 

• You have completed all the terms of your sentence, including probation. 
• You were not sentenced to state prison for the crime. 
• You are not currently facing any criminal charges or on probation for another offense. 

For felony convictions, expungement is possible if: 

• The felony was reduced to a misdemeanor (under California Penal Code Section 17(b)). 
• You have completed your sentence and probation, and you are not currently serving time or on probation for another crime.   

Additional Benefits: Early Termination of Probation 

In some cases, you may be eligible for early termination of probation. Early termination can be a powerful tool for individuals who have successfully complied with the terms of their probation but want to move on with their lives sooner. The court can grant early termination, allowing you to avoid the full probation period and begin the expungement process earlier than expected. 

Why Expungement Matters

A clean criminal record can provide numerous benefits, including: 

• Improved Employment Opportunities: Many employers conduct background checks, and having a criminal record can disqualify you from certain jobs. An expungement allows you to truthfully state that you have not been convicted of a crime, which can improve your chances of securing employment. 
  
• Better Housing Options: Landlords often check criminal records before renting out a property. An expunged record could increase your chances of being approved for rental applications. 
  
• Restoring Civil Rights: Expungement can also restore certain civil rights, such as the ability to vote or serve on a jury, depending on the nature of your conviction. 
  
• Peace of Mind: Knowing that your past mistakes are no longer on public record can provide emotional relief and peace of mind. 

The Expungement Process in California 

The expungement process in California involves several steps: 

1. Eligibility Check: The first step is determining whether you qualify for expungement. This will depend on the type of conviction, the completion of your sentence, and your overall criminal history. 
2. Filing the Petition: If you're eligible, your attorney will file a petition for expungement with the court. This petition will include your criminal record, proof of rehabilitation, and any other necessary documents to support your case. 
3. Court Hearing: In most cases, a hearing will be scheduled where a judge will review your petition. Depending on the case, the judge may approve or deny the request for expungement. If your case is straightforward and the district attorney does not oppose your petition, the process may be quick and uncomplicated. 
4. Expungement Granted: If the judge grants your petition, the conviction is dismissed, and you are no longer legally required to disclose it in most circumstances. 

Why Choose the Law Offices of Michelle Choe? 

If you are looking to clear your criminal record, the Law Offices of Michelle Choe can help guide you through the expungement process. With a deep understanding of California’s expungement laws, Ms. Choe is dedicated to helping individuals restore their reputations and move forward with their lives. Ms. Choe handles everything from verifying eligibility to filing the necessary paperwork, working tirelessly to ensure your case is resolved in the best possible manner. 

Whether seeking expungement for a misdemeanor or felony conviction, or assistance with early termination of probation, Ms. Choe is here to help you navigate the process with confidence and ease. Take the first step toward a fresh start - fill out a consultation form today to learn how the Law Offices of Michelle Choe can help you move forward.